Update: the board of commissioners denied the applicant’s request to modify zoning conditions.
A new Extended Stay America hotel could be built next to the movie theater on Jonesboro Road if commissioners approve a request to modify zoning conditions. The 2.18 acre property was rezoned C-3 (highway commercial) in 2008 to support its development into a lodging facility.
The board of commissioners will consider the request to modify zoning conditions during its meeting on Tuesday, July 16, at 6:30 pm. Meetings are held at the Henry County Administration Building located on Henry Parkway in McDonough and open to the public.
The 2008 rezoning included a condition stipulating the following:
7. The subject property shall not be marketed as or otherwise be allowed to operate as an extended stay hotel or any similar establishment containing dwelling units as defined in Section 3-7-22.
The applicant, NS Holdings, LLC of Wichita, KS, is now requesting that condition be removed to support their proposed plans.
Henry County code defines dwelling units as independent separated units available for ownership or rent “containing independent living, sleeping, toilet, and a single kitchen with cooking facilities.” In 2009, when the most recent and current unified land development code was adopted, all hotels within the C-3 zoning district were extended the right to provide cooking facilities within rooms.
Because the applicant’s proposed use is supported by right within the property’s zoning district, and is restricted only because of a zoning condition enacted prior to the current ULDC, any attempt to deny the applicant’s request may be legally difficult. The ability to utilize the property in the manner proposed by NS Holdings, LLC is commonly enjoyed by other land owners within the same zoning district, creating grounds for a lawsuit on the part of the applicant should the board deny their request.
Henry County planning staff have recommended approval of the applicant’s request. The staff exhibit is available to view on the county website.